Partner Cynthia S. Arato Co-authors White Paper on Generative Artificial Intelligence

Cynthia co-authored a White Paper which the News/Media Alliance released yesterday explaining how the pervasive copying of expressive works to train and fuel generative artificial intelligence systems is copyright infringement and not a fair use.  The paper, and accompanying technical analysis, documents the pervasive, unauthorized use of publisher content by GAI developers, the impact this may have on the sustainability and availability of high-quality original content, and the legal implications of such use.

The White Paper (along with the N/MA’s related submission to the United States Copyright Office), offer multiple recommendations to policymakers, including recognizing that unauthorized use of publishers’ expressive content for commercial GAI training and development is likely to compete with and harm publisher businesses in a manner that infringes copyright; creating transparency requirements to require disclosure of the use of copyright protected content in training; encouraging and facilitating effective licensing solutions; supporting international cooperation and harmonization on GAI regulations; and adopting legislation to remedy existing market imbalances that prevent publishers from engaging in fair negotiations for the use of their content against dominant platforms.

The White Paper can be accessed here.

The N/MA’s submission to the Copyright Office can be accessed here.

The New York Times coverage of the White Paper can be accessed here.